UW-Madison legal professor weighs in on Laken Riley Act

MADISON, Wis. (WMTV) - As President Trump recently signed the Laken Riley Act into law on Wednesday, one local legal expert is weighing in on the potential implications of the measure for people living illegally in the U.S.

The Laken Riley act requires the Department of Homeland Security (DHS) and Immigration and Customs Enforcement (ICE) to detain people who are living in the U.S. without legal permission who have committed crimes or have been accused of committing a crime, according to University of Wisconsin-Madison Law School Clinical Professor of Law John Gross.

In the past, Gross said federal agencies would typically prioritize more serious crimes and often waited until the person was convicted to begin the deportation process. Now, even minor crimes such as shoplifting are a basis to initiate deportation proceedings.

“If there was a complaint made to a police officer, the very fact that there was an accusation could trigger removal proceedings,” Gross said.

One of Gross’ concerns about the act is that it could undermine the legal principle that a person is innocent until proven guilty.

”It doesn’t just allow, it orders the Department of Homeland security to take action against people just based on allegation,” Gross said. “Even if there’s little to no underlying proof that allegation is true.

Another critique Gross had on the act is that it may cause people to become fearful of law enforcement, possibly prompting people to avoid reporting crimes, or cooperating with law enforcement as a witness to a crime.

“Even if they have legal status, but their parent or child or someone doesn’t, they may want to avoid law enforcement all together out of fear and concern,” Gross said.

Due to its broad nature, Gross said federal officials would need additional funding for the Laken Riley Act to be carried out to its full extent, but those efforts could come to fruition in the future.

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